Chitra, v. Pandian

Madras HC17 Feb 2026TR CMP/1292/2025

Case brief

AI extract

What is this about?

Transfer petition under Section 24 CPC; matrimonial proceedings transfer; wife's convenience as relevant consideration; financial hardship and travel difficulty (over 435 kms); H.M.O.P. No.103 of 2025 moved from Sub Court, Devakottai to Family Court, Chennai; records transmission within three weeks; interim stay of 28.11.2025 vacated; C.M.P. No.29575 of 2025 closed; no order as to costs; Madras High Court; decided 17.02.2026; single judge Dr. Justice A.D. Maria Clete.

What did the court decide?

Transfer petition disposed of by withdrawing H.M.O.P. No.103 of 2025 from the Sub Court, Devakottai and transferring it to the Family Court, Chennai, with records to be transmitted within three weeks; interim stay of 28.11.2025 vacated; C.M.P. No.29575 of 2025 closed; no order as to costs. ¶¶25

Chitra, Vs Pandian — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether H.M.O.P. No.103 of 2025 pending before the Sub Judge, Devakottai should be withdrawn and transferred to the Family Court, Chennai under Section 24 CPC, given the wife-petitioner's pleaded lack of independent income and difficulty in travelling more than 435 kms.

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Court's answer

While considering transfer under Section 24 CPC, this Court weighs the ends of justice and comparative convenience of parties; in matrimonial proceedings, the convenience of the wife is a relevant consideration, particularly when she pleads financial hardship and difficulty in travelling to the court where proceedings are instituted.

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Ratio / Principle

H.M.O.P. No.103 of 2025 is withdrawn from the Sub Court, Devakottai and transferred to the Family Court, Chennai; the Sub Court shall transmit the entire records within three weeks; the Family Court, Chennai shall dispose of the matter in accordance with law as expeditiously as possible, uninfluenced by any observations in this order; the interim stay of 28.11.2025 stands vacated; C.M.P. No.29575 of 2025 is closed; no order as to costs.

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Detailed headnote1 paragraphs

Madras High Court (single judge, Dr. Justice A.D. Maria Clete), order dated 17.02.2026 in Tr.C.M.P.No.1292 of 2025 and C.M.P.No.29575 of 2025. Wife-petitioner sought transfer of H.M.O.P. No.103 of 2025 from the Sub Court, Devakottai to the Family Court, Chennai under Section 24 CPC, pleading that she resides in Chennai with no independent source of income and that travel of more than 435 kms to Devakottai is extremely difficult. The Court held that in matrimonial proceedings the convenience of the wife is a relevant consideration, particularly where she pleads financial hardship and travel difficulty. The petition was disposed of: H.M.O.P. No.103 of 2025 was withdrawn from the Sub Court, Devakottai and transferred to the Family Court, Chennai; the Sub Court was directed to transmit the entire records within three weeks; the Family Court, Chennai to dispose of the matter expeditiously, uninfluenced by any observations in this order; the interim stay granted on 28.11.2025 stood vacated; C.M.P. No.29575 of 2025 was closed; no order as to costs.

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Tr.CMP No.1292 of 2025

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 17.02.2026

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CORAM

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THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE

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TR.C.M.P.No.1292 of 2025 and C.M.P.No.29575 of 2025

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Chitra, W/o.Pandian, D/o.Sonaiyan, No.16B, L.M.Nagar, Rengadas Colony 1^st Street, Villivakkam, Chennai – 600049. ...Petitioner

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Vs.

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Pandian, M/A 57 years, F/o.Muniyandi, Thanthani Village, Kannagudi Post, Devakottai Taluk, Sivagangai District. ...Respondent

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PRAYER: Transfer Civil Miscellaneous Petition is filed under Section 24 of Civil Procedure Code to pass orders to withdraw the H.M.O.P. No. 103 of 2025 pending on the file of the Sub Judge, Devakottai and transfer the same to the Family Court at Chennai and pass such further or other order as this Court may deem fit and proper to the facts and circumstances of the case and thus render justice.

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Prayer in C.M.P.: Petition filed under Section 151 of Civil Procedure Code, pleased to pass an order of interim stay of the proceedings in H.M.O.P.No.103 of 2025 pending on the file of the Sub Judge, Devakottai, pending disposal of the Transfer petition and thus render justice.

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https://www.mhc.tn.gov.in/judis

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For Petitioner : Mr.D.Chandrakumar.

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For Respondent : No appearance.

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O R D E R

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Tr.CMP No.1292 of 2025

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Heard.

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This Transfer Civil Miscellaneous Petition is filed by the wife seeking transfer of H.M.O.P. No.103 of 2025 pending on the file of the Sub Judge, Devakottai to the file of the Family Court, Chennai.

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The case of the petitioner is that the marriage between the petitioner and the respondent was solemnised on 10.09.1999 and thereafter differences arose; according to the petitioner, she has been living separately with their children and taking care of the children. The petitioner pleads that she is presently residing in Chennai and do not have independent source of income and it is extremely difficult to travel for more than 435 kms to attend the Sub Court, Devakottai.

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This Court, while considering transfer under Section 24 of C.P.C., is required to weigh the ends of justice and the comparative convenience of parties. In matrimonial proceedings, the convenience of the wife is a relevant consideration, particularly when she pleads financial hardship and difficulty in travelling to the Court where proceedings are instituted.

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https://www.mhc.tn.gov.in/judis

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Tr.CMP No.1292 of 2025

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Accordingly, Tr.C.M.P.No.1292 of 2025 is disposed of.

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H.M.O.P. No.103 of 2025 on the file of the Sub Court, Devakottai is withdrawn and transferred to the file of the Family Court, Chennai. The Sub Court, Devakottai shall transmit the entire records to the Family Court, Chennai, within a period of three (3) weeks from the date of receipt of this order and the Family Court, Chennai shall dispose of the matter in accordance with law, as expeditiously as possible, uninfluenced by any observations made in this order. Interim stay granted by this Court on 28.11.2025 shall stand vacated and C.M.P. No.29575 of 2025 is closed. There shall be no order as to costs.

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17.02.2026

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Index:Yes/No Neutral Citation:Yes/No Internet:Yes

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1.The Family Court, Chennai.

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2.The Sub Court, Devakottai.

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